Fair Representation in Labor Negotiations: Reasonableness and Good Faith, Slides of Labour Law

The standard for determining fair representation in labor negotiations and grievance handling under the national labor relations act. It emphasizes the importance of a 'wide range of reasonableness' for unions in serving their statutory role, and the difference between dfr (defense of fair representation) and uflp (unfair labor practice) under 8(a). The document also explains that a 'bad' agreement does not breach dfr when viewed retrospectively.

Typology: Slides

2012/2013

Uploaded on 01/26/2013

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ALPA v. O’NEILL
Same standard for determining fair
representation in negotiations and
grievance handling
arbitrary, discriminatory, bad faith
union must have a “wide range of
reasonableness” to perform its statutory role
Court may examine contract to determine if
DFR was breached
different than UFLP under 8(a)
A “bad” agreement, viewed retrospectively,
does not, by itself, breach DFR
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ALPA v. O’NEILL

• Same standard for determining fair

representation in negotiations and

grievance handling

  • arbitrary, discriminatory, bad faith
  • union must have a “wide range of

reasonableness” to perform its statutory role

• Court may examine contract to determine if

DFR was breached

  • different than UFLP under 8(a)

• A “bad” agreement, viewed retrospectively,

does not, by itself, breach DFR

Docsity.com

Inevitably differences arise in the manner and degree to which the terms of any negotiated agreement affect individual employees and classes of employees. The mere existence of such differences does not make them invalid. The complete satisfaction of all who are represented is hardly to be expected. A wide range of reasonableness must be allowed a statutory bargaining representative in serving the unit it represents, subject always to complete good faith and honesty of purpose in the exercise of its discretion. Compromises on a temporary basis, with a view to long-range advantages, are natural incidents of negotiation.... The National Labor Relations Act, as amended, gives a bargaining representative not only wide responsibility but authority to meet that responsibility. [Ford Motor Co. v. Huffman, 1953, 345 U.S. 330, 338-339]

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